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Home My WebLink About14-7197 Supreme Couirt Qf Pe.nnsylvainia Cour f Corn 'YWi Pleas W For Prothorlofatj-Us, On11�- �} C``m�,e�%.] Couat - Da�E N : / !.'` 1a,.. ,d . The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace thefiling and service ofpleadiMs or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from another Jurisdiction ❑ Declaration of Taking Lead Plaintiff Name: Lead Defendant's Name: EM&T BANK JOHN M.BROWNEWELL— III C. ? z �_: � I ,. Dollar Amount Requested within arbitration limits Are money Damages requested?: ❑ Yes ® No (Check one) X outside arbitration limits i. Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? E3 Yes NO Name of Plaintiff/appellant's Attorney:KML Law Group,P.C. 13 Check here if you are aSelf - -Re resented ro Se Litigant Nature of tie Case Place.an "X"-to the left of the OlE case category that nnost accurately describes your a PRI1YlA1tY C. S if you are inalcing more than one type of claim, cheek the qne that you consider riost important TORT(do not include Mass Tart) CONTRACT (do not include Judgments) CIVIL APPEAL j ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability(does not include ❑ Employment dispute: ❑ Statutory Appeal:Other mass tort) Discrimination `. ❑ Slander/Libel Defamation -❑ Employment Dispute:Other b=. e ❑ Other ' ❑ Other: MASS TORT. ❑ Other g ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure:Residential 1 ❑ Non-Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto I ❑ Legal ❑ Quiet title ❑ Replevin a. ❑ Medical ❑ Other ❑ Other Professional: ❑ Other Pa.RC.P. 205.5 Updated 11112011 LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PA CN SE ENCUENTRA ESCRITA ABAJO PARADE POR TELEFONO A LA OFICINA CUYA DIREC AVERIGUAR DONDE SE PUEDE CONSEGUIlZ ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ER SERVIC OS LEGAL A PERSONAS INFORMACION ACEELIGl ELRCA IGIBLE UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 1701.3 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBTBEO ED FOR THE PURPOSE OUR CLIENT. ANY FOF COLLECTING HE DEBT.FROYOU WILLILL RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender(and our cliieent)FO led an ActiTRn of Mortgage Foreclosure against you,you still may be able to SAVE YOUR HOME F E. 1). Call an attorney.For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default.Please See the PHFA website http://www.phfa.orR/consumersthomeowners/real.aSpx. 5). Call the Plaintiff(your lender)and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center:http://www philadelphiafed.or�/foreclosure/ 7). Call or contact our office to request the amount to bring the account current,or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll or fax 215 825x6429 The figure and/or mail at homeretentionna kmllawgroup.com. Call Seth at 215-825-6329 package you requested will be mailed to the address Homeowner Retention Depalrtment is David Fe who can be information. The attorney if you leave a message with that n charge of our firm reached at 215-825-6318 or Fax: 215-825-6418.Please reference our Attorney File Number of 137498FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T BANK, One Fountain Plaza,Buffalo,NY 14203. 2. The name(s) and address(es) of the Defendants)is/are JOHN M.BROWNEWELL,III, 3181 Spring Road,Middlesex,PA 17013,who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On December 07, 2012 mortgagor(s) made, executed and delivered a mortgage upon the C o er ty hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,I NOMINEE FOR M&T BANK,which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on December 18, 2012 as Instrument#: 201239365.The mortgage has been assigned to: M&T BANK by assignment of Mortgage recorded on October 28,2014 as Instrument# 201424623. The Mortgage and Assignment(s) (if any) are matters of public recordwhich Ruleare incorporateeves by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ('Property"). 5. The mortgage is in default because the monthly payments on defaultin such payments for a period of one month thereafter and by the terms of the Mortgageupon p month or more,the entire principal balance and all interest due and other charges are.due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: .................... $203,834.93 ......................... Principal Balance.............................................................. 64 Interest from 05/01/2014 through 12/01/2014 at 3.5000%.......................$4,1.61. Monthly interest rate at$594.52 .$834.77 Late Charges .....................................................................$1,019.24 Escrow Advance....................................................................................... .......$279.54 Pro Rata MIP......................................................................................................$112.00 Property Inspections....................................................................... $1,650.00 Reasonable Attorney's Fee............................................................. $211,892.12 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further,Plaintiff will request recovery of all costs incurred in this action including,but not limited to,costs of suit,process serving and skip tracing,title searches,recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability(or an"in pe� rsonam"judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right,if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding,this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy,but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Plaintiff sent Defendants the notice as required by 35 P.S. Section 1680.401 et. seq. (Act 91 of 1983) or by 41 P.S. Section 403 (Act 6 of 1974) or as required by the Mortgage ("Notice"). A true and correct copy of the Notice is attached and incorporated as Exhibit"B". WHEREFORE,Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of$211,892.12, together with interest at the rate of$594.52,per month and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full,and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. r By: KML LAW GROUP, C. Michael McKeever P ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa.ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 3:Jennifer Lynn Frechie Pa.ID 316160 Attorneys for Plaintiff VERIFICATION I Kimberly Dutchess , as the representative of the Plaintiff corporation within named do hereby verify that 1 am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S.Sec.4904 relating to unsworn falsification to authorities. Date:__ Kimberly Dutchess-Collections and Recovery Specialist II 4137498FC -JOHN M.BROWNEWELL,III 3181 Spring Road Middlesex,PA 17013 EythibitA T le land referred to in this Gammitrnent is described as rrltmus ALL THAT CERTAIN LOT OF GFtOl1 ![)situate in Township of Middlesex, County of Climbedand, Cornmonweaith of Pennsylvania,bounded and described in accordance t+�ith'a certain Subdivision Plan for Victor J Madison by Thomas A. Nelf,Registered Surveyor, and recorded in Cumberland'County Plan book 33 Page 58, t�ounie"d grid described at follnw-q;to wt-,- BEGINNING at an ircrs Pin on the castwardly,line;of lands r,o�+rsr fi3rmerly of 1✓cl ar L.Myers;. Thence by said Land's rtti5n'or fbi-In Yriy cf:Edgar L.Myers,Nortn 2g'4720"E st;,bt3 feet to:an(tori pin on line of otner lands now of fdrmerly;of_.lerry Den Baas and Joyce L.Den i7aas,has wife; Thence by-said lands,South 65°12'4(Y East..50.feet to'A Voint; Thence by the same;North 2e 02V East, 180.1eet tit a paint being thd.northeast c odfnor of londds now or formerly of` Jerry Den Daasand:loyce L.Den Daas.his.wife Whence by lands now ar#ormerlyo;Margaret,aLaue'rr,widow,South 659 1.2'40'Eestj150 feet to a stake; Thence.by the same,South 24°47'20 iNest.24(1 feet;ta a stake-, Thence by the sarne,North 65' 12'40'*West;,:200 feettdl Won.piri,the place ot.be inning:. Being Lot No.3 as shown on.said Plan.: TowniCity.Villags: MIDDLESEX County. CUMBERLAWID Section—Block-Los: 2t-'3-09. 6"370 Ey,hibit (B *Exhibit has been redacted to remove all personally identifiable information or non-public information M&T Bank REPRES USPS CERTIFIED MAIL P.O.Box 840 Buffalo,NY 14240 92071969 0043 7100 0217 3100 20 7-750-82457-0000112-001-01-000-000-000-000 JOHN M BROWNEWELL_III 3181 SPRING RD CARLISLE PA 17013 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT August 1,2014 JOHN M BROWNEWELL_III 3181 SPRING RD CARLISLE PA 17013 Re: Mortgage No.: _3723 Property Address: 3181 SPRING ROAD MIDDLESX PA 17013 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M&T Bank on your property located at 3181 SPRING ROAD MIDDLESX PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 06/01/2014 through today. Late charges and other charges have also accrued to this date in the amount of$798.95. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is$3,444.25. You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to us the above amount of$3,444.25 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M&T Bank, One Fountain Plaza, 7th Floor,ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY(30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the,original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY(30) DAYS,we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to$50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over$50.00.Any attorney's fees will be added to whatever you owe us,which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale(and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice.A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait.You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-724-1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT G REPRESENTATION OF PRINTED DOCUMENT You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property.YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID FOR PRIOR TO OR AT THE SALE,AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1-800-724-1633. Sincerely, M&T Bank Homeowner Assistance Center 1-800-724-1633 XD537 M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT KML LAW GROUP,P.C. ►L";-1- SUITE 5000-BNY MELLON INDEPENDENCE CE4R T--..�- i ,,Hf r 1 t l� 701 MARKET STREET PHILADELPHIA,PA 19106 !,(`tC ( ,"t0: (866)413-2311 4 07 WWW.KMLLAWGROUP.COM M&T BANKF -; �� ''' N THE COURT OF COMMON PLEAS One Fountain Plaza Buffalo,NY 14203 OF Cumberland COUNTY Plaintiff vs. CIVIL ACTION-LAW JOHN M.BROWNEWELL,III ACTION OF MORTGAGE FORECLOSURA Mortgagor(s)and Record Owner(s) I(�{�Lit,, lvt 3181 Spring Road I•" T/ Middlesex,PA 17013 �1VIL A ,9N• MORGAAGJ•I Defendant(s) FOREMSM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER_ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20)dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. a+N`+ slIS- �a � -793� i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF Mil DEC 30 tttUO:1i u P HHSYLVP N Aa �'( M&T Bank vs. John M Brownewell Case Number 2014-7197 SHERIFF'S RETURN OF SERVICE 12/19/2014 06:09 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: John M Brownewell at 3181 Spring Road, Middlesex Township, Carlisle, PA 17013. ON KINSLER, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, December 24, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teeosoft, lie.